Dealing with identity information

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Sydney: 02 9261 4555

Section 192J.

On 22 February 2010 three new identity fraud offences were created by parliament.
The offence of dealing with identity information is the most serious and carries a
maximum penalty of 10 years imprisonment.

In short the offence is committed where a person deals in (supplies) identification
information with intent to commit an indictable offence. An indictable offence is a
serious offence which is capable of being dealt with in the district or supreme
courts.

An example of dealing with identity information would be supplying a passport to
another so they could commit a fraud upon a bank.

What the police must prove

Accused dealt with identification information; and

The accused did so with intent to commit and indictable offence (or facilitate
the commission of an indictable offence)

Relevant definitions

"Deal" in identification information includes make, supply or use any such
information.

"Identification information" means information relating to a person (whether living
or dead, real or fictitious, or an individual or body corporate) that is capable of
being used (whether alone or in conjunction with other information) to identify or
purportedly identify the person, and includes the following:

a name or address,

a date or place of birth, marital status, relative's identity or similar
information,

a driver licence or driver licence number,

a passport or passport number,

biometric data,

a voice print,

a credit or debit card, its number or data stored or encrypted on it,

a financial account number, user name or password,

a digital signature,

a series of numbers or letters (or both) intended for use as a means of personal
identification,

an ABN.

where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.